Legal Opinion: For The Week

LEGAL
OPINION
FOR THE WEEK
DILG Opinion No. 80 S.

2019
ISSUES:
Is there a need for the Sangguniang

Bayan to pass and approve a resolution
creating one (1) SB Member (IP
Representative) position?
Is it proper to hold the salaries and wages of
the IPMR who was recognized by the body or
to wait for the final approval of the
Sangguniang Panlalawigan before giving the
salary and wages2 of the IPMR?
FACTS:
Appropriation Ordinance No. 002-2019 (Supplemental
Budget No. 01, S. 2019) was approved and enacted by the
Sangguniang Bayan, including therein is the appropriation
for the salary, wages andSubmitted to the Sangguniang
other remunerations due to the
Panlalawigan
duly recognized Indigenous Peoplefor Mandatory
review and
Representative. Theapproval,
IPMR was however, it was by
recognized returned
the SBto
through SB Resolutionyour
No. office for there:
2019-006, reason that there
“A RESOLUTION
RECOGNIZING ERNESTO was no attached AS
A . BANZALES, resolution
EX OFFICIO
MEMBER, INDIGENOUS
CREATING PEOPLE MANDATORY
THE IPMR POSITION.
REPRESENTATIVE (IPMR) OF THE SANGGUNIANG BAYAN IN
THE MUNICIPALITY OF SAGNAY,
3 CAMARINES SUR”.
FIRST ISSUE:
Is there a need for the

Sangguniang Bayan to pass and
approve a resolution creating one
(1) SB Member (IP Representative)
position?
4
Section 446(a) and (b) of RA
7160
“
The sangguniang bayan, the legislative body of the
(b) In addition thereto, there shall be three (3) sectoral
municipality, shall be composed of the municipal vice
representatives: one (1) from the women; and as shall be
mayor as the presiding officer, the regular sanggunian
determined by the sanggunian concerned within ninety (90)
members, the president of the municipal chapter of the
days prior to the holding of local elections, one (1) from the
liga ng mga barangay, the president of the pambayang
agricultural or industrial workers, and one (1) from other
pederasyon ng mga sangguniang kabataan, and the
sectors, including the urban poor, indigenous cultural
sectoral representatives, as members.
communities, or disabled persons.
5
Sec. 12 of NCIP AO No. 001, S.
2019
National Guidelines for the Mandatory Representative of
“
Indigenous Peoples in Local Legislative Council
The selection of the particular ICCs/IP

representative to the local legislative council
shall be in accordance with the Local Guideline
that concerned ICCs/IPs shall adopt and
promulgate, which considers the cycle of
traditional or local activities xxx
6
Item E of DILG MC No. 2010-119
Mandatory Representation of ICCs or IPs in Policy-Making
Bodies and other Local Legislative Councils
“
Assumption to office shall take place as soon as the
selection process is formally certified by the concerned
NCIP Regional Director, upon recommendation of the
Provincial or Community Service Center Head, as the
case may be, in accordance with Administrative Order
No. 001, S.2009, and the person chosen takes the
appropriate oath before an authorized officer and informs
the appropriate body of his or her assumption.
7
Accordingly, there is no need to
create IPMR position as they are
already member of the
Sangguniang Bayan pursuant to
the LGC and the above-
mentioned issuances.
8
SECOND ISSUE:
Is it proper to hold the salaries

and wages of the IPMR who was
recognized by the body or to wait
for the final approval of the
Sangguniang Panlalawigan before
giving the salary and wages of the
IPMR?
9
The Department has been very consistent in its
previous legal opinions that pending review by
the Sangguniang Panlalawigan, the
appropriations ordinance under review can be
validly enforced so that funds corresponding
thereto can already be disbursed. This is due to
the fact that the effectivity of said
ordinance is determined not upon review
thereof by the SP, but rather in accordance
with Section 320 of the LGC.
10
Sec. 320 of LGC
“
SECTION 320. Effectivity of Budgets. – The
ordinance enacting the annual budget shall
take effect at the beginning of the ensuing
calendar year. An ordinance enacting a
supplemental budget, however, shall take
effect upon its approval or on the date fixed
therein. X x x
11
The reason for such rule is that
VALIDITY and EFFECTIVITY are
two different things.
The time by which an
Refers to the
ordinance is made
substantive requirement
effectual which means
of an ordinance, i.e.
its provisions can
whether the same is
already been
consistent with the
implemented and given
Constitution and laws.
full force and effect.
12
In this regard, it may be well note
that when the Sangguniang
As a matter reviews
Panlalawigan of course,
an
Appropriation
appropriations ordinanceOrdinance
pursuant to
No. 002-2019
Section 327 of the may already
LGC, the subject
matter ofbe thegiven
review effect.
dwells on the
validity only of an ordinance, and not
to its effectivity. Effectivity is
governed by Section 320 of the LGC.
13
ISSUES:
Is there a need for the Sangguniang

Bayan to pass and approve a resolution
creating one (1) SB Member (IP
Representative) position?
Is it proper to hold the salaries and wages of
the IPMR who was recognized by the body or
to wait for the final approval of the
Sangguniang Panlalawigan before giving the
salary and wages14 of the IPMR?
HUGOT LINES OF THE SUPREME COURT
“Individuals who are in love had the

power to let love grow or let love “If he really loved her, then the
die – it is a choice one had to face noblest thing he could have
when love is not the love he/she done was to walk away.”
expected.” (Rumbaua vs. (Cojuangco Jr. vs. Atty. Palma)
Rumbaua)
“If the two eventually fell in love, despite the disparity in their ages and
academic levels, this only lends substance to the truism that the heart
has reasons of its own which reason does not know.”
(Chua-Qua vs. Tay Tung High School, Inc.)
15
16

Legal Opinion: For The Week

Uploaded by

Copyright:

Available Formats

Legal Opinion: For The Week

Uploaded by

Document Information

Original Title

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

Legal Opinion: For The Week

Uploaded by

Copyright:

Available Formats

LEGAL

DILG Opinion No. 80 S.

Is there a need for the Sangguniang

Is there a need for the

The selection of the particular ICCs/IP

Is it proper to hold the salaries

Is there a need for the Sangguniang

“Individuals who are in love had the

You might also like